Sheriff's Office shooting of pet dog on trial

Petey killed in May 2002 outside west Boca home

Petey, an American Stafforshire Terrier shot and killed by a Palm Beach… (Courtesy of attorney Barry…)

January 16, 2013|By Marc Freeman, Sun Sentinel

A golden retriever in training as a service animal lay quietly among jurors Tuesday in the case of another canine who was shot and killed by Palm Beach County Sheriff's deputies more than 10 years ago west of Boca Raton.

"This is the first time we've had a dog in the jury box," said Palm Beach County Circuit Judge David Crow after the service dog's human trainer was selected as one of six jurors for the unusual animal rights civil trial.

As she held the leash attached to her four-legged trainee, the trainer assured attorneys and the judge she would be fair and impartial in weighing the dispute.

Plaintiff Russ Greenberg claims his beloved Petey, an American Staffordshire Terrier, was a fun-loving companion of seven years who was shot by the deputies for no good reason May 16, 2002.

"He bled to death," testified Greenberg, a retired professional wrestler who now works as a Mixed Martial Arts referee and real estate agent. "He was shot with multiple bullet holes in him."

But William Cornwell, attorney for the Sheriff's Office, told jurors the deputies acted in self-defense when they killed an aggressive pit bull that had just bitten a 12-year-old girl and menaced a mail carrier in the 19200 block of Liberty Road.

"The dog was loose and continuing to threaten people in the neighborhood," Cornwell said during opening arguments. "No one was happy the dog was killed."

There are two possible exceptions. Greenberg could seek a claim for "intentional infliction of emotional distress" if Silver can prove during the trial the deputies acted maliciously. And Greenberg possibly could claim some sort of "intrinsic value" for Petey, but Crow said he doesn't know how that might be calculated.

Most courts across the nation have held to the traditional view of pets as any other pieces of property worth only their market cost to replace. Crow, before the jury was seated, said maybe this case could wind up changing Florida law.

According to incident reports, three deputies and a sergeant responded to an emergency call of a dog that had just bitten a girl walking home from a school bus stop.

Bruce Hannan, the sergeant, reported he shot the dog at least once with his .40-caliber handgun because the dog approached him in a "threatening manner." Deputy Joseph Caroscio reported the dog then ran toward him at a full sprint and he fired two rounds from his pump-action shotgun.

Caroscio testified Tuesday that the incident was a "lethal force encounter situation."

Silver accused the Sheriff's Office of failing to provide adequate training for officers in handling dog bite calls. He asked Caroscio if it is appropriate for police to "impose the death penalty on a dog running loose."

Caroscio said he responded appropriately to the threat.

"I can't assume what that dog's going to do," he said. "I do what I feel is necessary to survive. I have to protect myself or others and that's what I did."